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Samuel Phillips Law Blog

Tag: Divorce

Family Law

What happens when my spouse/partner refuses to move out?

Living in the same property after a relationship has broken down can be very difficult and in some situations not safe. What is the best course of action to take?

Family Law

What happens to my surname when I divorce?

It is easy to assume that once you are divorced and receive your Decree Absolute, your name changes back to the name you used before you were married, however this is not the case.

Family Law

What happens when my spouse refuses to divorce me?

A common problem within divorce proceedings is that one party simply refuses to cooperate and ignores the divorce petition. If you anticipate that your spouse will hold up the divorce proceedings or refuse to cooperate, it would be unwise to base your divorce petition on 2 years separation or adultery - which both require your spouse’s active involvement to progress the divorce.

Family Law

What happens to inheritance when I divorce?

Going through a divorce is difficult for any couple, especially when it comes to dividing up assets. Past and future inheritances are often looked upon as a bolster in the family’s financial situation and many question if this will become part of the ‘marriage pot’ which is divided up on divorce.

Family Law

What happens to my Will when I divorce?

Whether you are in the early stages of a separation or your divorce has been finalised it is important that your Will is up to date, to ensure that your estate is divided up in the way that you want.

Family Law

I married abroad, will my marriage be valid in England?

Almost certainly, provided that the marriage ceremony complied with the local customs and laws of that country. For example was the correct notice given? Were the required number of witnesses present ? Was it necessary to have a religious ceremony as well as a civil ceremony ? If the local laws and customs were followed the marriage will be recognised in England.

Family Law

If I commit adultery, does it affect my divorce settlement?

The recent resignation of the Health Secretary Matt Hancock, over his affair with his aide Gina Coladangelo, has played out in front of the nation’s media. Many people have called for Martha Hancock to ‘bleed him dry’ and ‘take him for all he’s got’, but does an affair really make a difference to the financial settlement?

Family Law

No fault divorce

Divorce “blame game” is set to end. Ministers announced yesterday that the long awaited “no fault divorce” will mean that from April 2022 divorcing couples will no longer have to blame one another for the breakdown of their marriage. Currently, a person wishing to divorce either has to make allegations about their spouse’s conduct or wait until they have been separated for at least 2 years.

Family Law

Interview with Jennifer Goldstein

As part of mediation week, we have put questions to our very own resident Family Mediator, Jennifer Goldstein. We are keen to find out more about family mediation and how it used to help separating couples. Jennifer is a Senior Partner at Samuel Phillips Law, specialising in Divorce and Family Law. She has been an accredited Family Mediator since 2015.

Family Law

Brexit – do separating couples need to file for a divorce before the 31st December 2020?

Under current EU regulations, subject to certain criteria being met, married couples can choose which country their divorce takes place. This allows an EU citizen to travel around Europe and choose a Court which they believe will give them a more favourable divorce settlement. Commonly known as “Divorce Tourism”.

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